Central Excise Act, 1944
11BB. INTEREST ON DELAYED REFUNDS.–
If any duty ordered to be refunded under sub-section (2) of
section 11B to any applicant is not refunded within three months from the date
of receipt of application under sub-section (1) of that section, there shall be
paid to that applicant interest at such rate, not below ten per cent and not
exceeding thirty per cent per annum as is for the time being fixed by the
Board, on such duty from the date immediately after the expiry of three months
from the date of receipt of such application till the date of refund of such
duty :
Provided that where any duty ordered to be refunded
under sub-section (2) of section 11B in respect of an application under
sub-section (1) of that section made before the date on which the Finance Bill,
1995 receives the assent of the President, is not refunded within three months
from such date, there shall be paid to the applicant interest under this
section from the date immediately after three months from such date, till the
date of refund of such duty.
Explanation : Where any order of
refund is made by the Commissioner (Appeals), Appellate Tribunal or any court
against an order of the Assistant Commissioner of Central Excise, under
sub-section (2) of section 11B, the order passed by the Commissioner (Appeals),
Appellate Tribunal or, as the case may be, by the court shall be deemed to be
an order passed under the said sub-section (2) for the purposes of this
section. 71 ]